The Court allowed the bail application of the applicant in a criminal case involving Sections 323, 427, 504, 506, 452, and 395 IPC. Merit was found based on false implication, delay, and lack of medical evidence, granting bail on personal bond and sureties.
Release on bail on furnishing a personal bond and two sureties in like amount.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12849 of 2022
Applicant :- Brijpal @ Bp Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Special Sessions Trial No. 105 of 2017 (Anoop Singh Yadav Vs. Suneel Kumar @ J.P.Yadav and others) at Police Station Shivali District Kanpur Dehat under Sections 323, 427, 504, 506, 452, 395 IPC. The applicant is in jail since 12.01.2022.
The bail application of the applicant was rejected by learned Special Judge D.A.A, Kanpur Dehat on 27.01.2022.
Shri Yagvendra Yadav, learned counsel holding brief of Shri Dheeraj Kumar Dwivedi, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The criminal case arises out of a petty neighbourhood dispute. False and aggravated version has been depicted in the complaint. The delay of about 7 months in the lodgment of the complaint is fatal to the prosecution case. No credible medical report to establish the injuries is in existence nor has been brought in the record. One Sunil Kumar Yadav and not the applicant has been identified as the principal offender who inflicted injuries on the injured.
Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case. The co-accused Sunil Kumar Yadav has been granted bail by this Court by order dated 20.01.2020 in Criminal Misc. Bail Application No. 57962 of 2019. The case of the applicant stands on a better footing than the co-accused persons namely, Sunil Kumar Yadav. However parity in relief granted to the said co-accused is claimed. Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Shri Rajesh Mishra, learned brief holder could not satisfactorily dispute the aforesaid submissions from the record. Learned brief holder does not dispute the fact that the applicant does not have any criminal history apart from this case.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Brijpal @ Bp be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount
to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 1.4.2022
Nadeem
Digitally signed by NADEEM AHMAD Date: 2022.04.05 10:18:53 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to enlargement on bail given the delay in lodging the complaint and lack of credible medical reports.
1 provisions across 1 enactments
Brijpal @ Bp
Ajay Bhanot
Nadeem Ahmad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
